Supreme Court Weekly Roundup [January 31- February 6]

Judgements This Week 1. Rules Made To Exercise Powers And Privileges Of State Legislature Constitute Law Within The Meaning Of Article 13: Supreme CourtCase Title: Ashish Shelar And Ors. Versus The Maharashtra Legislative Assembly & Anr.| W.P.(C) No. 797/2021 & Connected CasesCitation : 2022 LiveLaw (SC) 91In its judgment quashing Maharashtra Assembly's Resolution to suspend 12 BJP...

Swear Faith & Allegiance To Constitution : Madras High Court Asks Maoist For Bail

Madras High Court has recently granted bail to an accused Maoist on the condition that she would file a sworn affidavit in the Tamil language, declaring her faith and allegiance to the Indian Constitution.The Division Bench of Justice P.N Prakash and Justice R. Hemalatha has also held that the affidavit should mention that the accused person does not believe in Maoism anymore. She should...

Sr Citizens' COVID Booster Dose Delayed Due To 'Erroneous' Vaccine Certificate: Orissa HC Issues Notice To Centre, State Govt

The Orissa High Court last week issued a notice to the Central Government as well as the state government on a writ petition filed by two senior citizens (husband-wife) submitting that they are eligible for COVID Vaccine Booster Dose, however, due to erroneous data in Vaccine certificate, their booster dose has been delayed. Essentially, the final COVID Vaccine certificate issued to...

Tandav Web-Series Row: Amazon Prime Video Head Aparna Purohit Allowed To Travel Abroad By UP Court

The Lucknow Court last week allowed Amazon Prime Video's India head Aparna Purohit, who is facing an FIR registered in Lucknow, for allegedly depicting Hindu gods in a bad light in the web series Tandav, to travel abroad.Purohit had moved the Lucknow Court with her application seeking permission to travel abroad (Dubai) to meet her parents who are presently unwell. This application had been...

Tolerance Should Be Shown Towards Other Religious Practices; This Country Takes Pride In Unity In Diversity: Madras High Court

The Madras High Court in a recent judgment spoke about the need to show tolerance towards other religious practices. The Court was dealing with a writ petition filed by a Hindu man challenging the permission granted by the Kanyakumari District Collector granted to construct a church, against which the petitioner complained of nuisance due to the use of loudspeakers throughout day and...

Allahabad HC Again Expresses Concern Over Non-Implementation Of POCSO Act, Rules & 'Junaid Case' Guidelines In UP

The Allahabad High Court has yet again expressed concerns over the non-implementation of POCSO Act, 2012 read with POCSO Rules, 2020, and also Junaid case guidelines issued by the High Court by the CWCs (Child Welfare Committee) in all districts of U.P.It may be noted that in Junaid's case, the High Court had, inter alia, issued directions and a timeline for the disposal of bail...

"Testimony Of Sole Eyewitness Not Truthful": Allahabad HC Sets Aside Convict's Life Sentence In A 23-Yr-Old Murder Case

The Allahabad High Court on Wednesday set aside the life sentence of a murder convict in a case that dates back to the year 1998, after concluding that the testimony of the sole eye witness in the case isn't truthful on a material particular and is inconsistent as well.The Bench of Justice Manoj Misra and Justice Sameer Jain, in its analysis of the facts, circumstances, and evidence adduced...

SLP Against HC Order Dismissing Bail Application As Not Pressed Cannot Be Entertained: Supreme Court

The Supreme Court observed that a Special Leave Petition against a High Court order dismissing a bail application as not pressed cannot be entertained.In this case, the Allahabad High Court, in the impugned order, recorded the submission made by the counsel for the accused that he does not want to press this bail application at this stage and the same may be dismissed as withdrawn. Therefore,...

Where An Allegation Of Fraud Is Made, The Said Allegation Would Have To Be Proved Beyond Any Reasonable Doubt: Andhra Pradesh High Court

The Andhra Pradesh Court vide order by Justice R. Raghunandan Rao recently ruled that where an allegation of fraud is made, the said allegation would have to be proved beyond any reasonable doubt. Brief Facts of the case The Petitioner had constructed a multi storied commercial complex in the suit schedule property under a development agreement with APSRTC. The petitioner provided...

Service Law- An Employee Cannot Seek Protection Against the Dispensation of Services If He Attained The Employment by Fraud: Punjab and Haryana High Court

An employee cannot seek protection against the dispensation of services if he has attained the employment by fraud, giving forged documents, and misleading the hiring committee, specifically when his employment was offered to him based on such forged documents and he had also been afforded ample opportunity to make his case, Punjab and Haryana High Court has held. A bench of Justice...

A Reliable Testimony Of An Injured Witness Holds Weight Even In The Face Of Procedural Irregularities For Conviction Under S. 307 IPC: Delhi High Court

The Delhi High Court vindicated the case of the State upholding S. 307/324 IPC (attempt to murder/voluntary causing hurt by dangerous weapons) Conviction after confirming the reliability of the testimony of the injured witness. Appellant's objections to procedural irregularities such as non-examination of public witness and non-recovery of the weapon of offense by the prosecution...

Delhi High Court Weekly Round Up: January 31 To February 6, 2022

ORDERS/ JUDGMENTS OF THE WEEK1. Arbitral Award Is To Be Executed At A Place Where Judgment Debtor Resides, Carries Business Or Has Assets: Delhi High CourtCase Title: Continental Engineering Corporation v. Sugesan Transport Pvt Ltd.Citation: 2022 LiveLaw (Del) 59The Delhi High Court recently dismissed an execution petition filed under Section 36 of the Arbitration & Conciliation Act by...